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[Federal Register: October 20, 2010 (Volume 75, Number 202)]
[Proposed Rules]               
[Page 64681]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc10-16]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 64681]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 983

[Doc. No. AMS-FV-10-0077; FV10-983-3 CR]

 
Pistachios Grown in California, Arizona, and New Mexico; 
Continuance Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

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SUMMARY: This document directs that a referendum be conducted among 
eligible California, Arizona, and New Mexico pistachio producers to 
determine whether they favor continuance of the marketing order 
regulating the handling of pistachios grown in California, Arizona, and 
New Mexico.

DATES: The referendum will be conducted from November 1 through 
November 20, 2010. To vote in this referendum, producers must have 
produced pistachios in California, Arizona, or New Mexico during the 
period September 1, 2009, through August 31, 2010.

ADDRESSES: Copies of the marketing order may be obtained from the 
California Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Division, AMS, U.S. Department of 
Agriculture, 2202 Monterey Street, Suite 102B, Fresno, California, 
93721-3129, or the Office of the Docket Clerk, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237.

FOR FURTHER INFORMATION CONTACT: Andrea Ricci, Marketing Specialist, or 
Kurt J. Kimmel, Regional Manager, California Marketing Field Office, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or E-mail: 
Andrea.Ricci@ams.usda.gov or Kurt.Kimmel@ams.usda.gov, respectively.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 983 (7 CFR 
part 983), hereinafter referred to as the ``order,'' and the applicable 
provisions of the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act,'' it 
is hereby directed that a referendum be conducted to ascertain whether 
continuance of the order is favored by producers. The referendum shall 
be conducted from November 1 through November 20, 2010, among eligible 
California, Arizona, and New Mexico pistachio producers. Only producers 
that were engaged in the production of pistachios in California, 
Arizona, or New Mexico during the period of September 1, 2009, through 
August 31, 2010, may participate in the continuance referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether producers favor the continuation of 
marketing order programs. USDA would consider termination of the order 
if less than two-thirds of the producers voting in the referendum or 
producers of less than two-thirds of the volume of California, Arizona, 
and New Mexico pistachios represented in the referendum favor 
continuance of their program. In evaluating the merits of continuance 
versus termination, USDA will consider the results of the continuance 
referendum and other relevant information regarding operation of the 
order. USDA will evaluate the order's relative benefits and 
disadvantages to producers, handlers, and consumers to determine 
whether continuing the order would tend to effectuate the declared 
policy of the Act.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the ballot materials used in the referendum herein ordered 
have been approved by the Office of Management and Budget (OMB), under 
OMB No. 0581-0215, Pistachios Grown in California, Arizona and New 
Mexico. It has been estimated that it will take an average of 20 
minutes for each of the approximately 840 producers of California, 
Arizona, and New Mexico pistachios to cast a ballot. Participation is 
voluntary. Ballots postmarked after November 20, 2010, will not be 
included in the vote tabulation.
    Andrea Ricci and Kurt J. Kimmel of the California Marketing Field 
Office, Fruit and Vegetable Programs, AMS, USDA, are hereby designated 
as the referendum agents of the Secretary of Agriculture to conduct 
this referendum. The procedure applicable to the referendum shall be 
the ``Procedure for the Conduct of Referenda in Connection With 
Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the 
Agricultural Marketing Agreement Act of 1937, as Amended'' (7 CFR 
900.400-900.407).
    Ballots will be mailed to all producers of record and may also be 
obtained from the referendum agents or from their appointees.

List of Subjects in 7 CFR Part 983

    Marketing agreements and orders, Pistachios, Reporting and 
recordkeeping requirements.

    Authority:  7 U.S.C. 601-674.

    Dated: October 14, 2010.
David R. Shipman,
Acting Administrator.
[FR Doc. 2010-26333 Filed 10-19-10; 8:45 am]
BILLING CODE 3410-02-P
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